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HI SR23
Resolution
Status
2/27/2020
Primary Sponsor
Mike Gabbard
Click for details
AI Summary
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Urges the Hawaii Department of Health to request federal acknowledgment that Hawaii's Medical Use of Cannabis program is exempt from federal controlled substance restrictions under 21 CFR 1307.03.
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Asserts that states have authority to decide medical use of substances scheduled under the Controlled Substances Act, citing the U.S. Supreme Court decision in Gonzales v. Oregon (2006).
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Notes that Hawaii established its medical cannabis program through Act 228, Session Laws of Hawaii 2000, and that the Department of Justice and DEA have never challenged its constitutionality.
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References existing federal exemptions for controlled substances, including the Native American Church's use of peyote under 21 CFR 1307.31, as precedent for granting similar exemptions.
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Directs certified copies of the resolution to be sent to the Office of the Governor, Attorney General, Department of Health, Department of Public Safety, and Department of Transportation.
Legislative Description
Urging The Department Of Health To Request Acknowledgment From The Drug Enforcement Administration That Hawaii's Medical Cannabis Program Is Exempt From Federal Controlled Substance Restrictions.
Medical Cannabis
Last Action
Referred to CPH/JDC.
2/27/2020